Jeetendra Harikishan Vatnani And ANR v. Narain Tekchand Ramrakhiani (Deeased)

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th January, 2025 CALLED FOR DIRECTION:

Ms. Pooja D. Shah, Advocate for Applicant/Petitioner. P. C. :

1) The present Chamber Order is taken out to serve the Citation upon Ms. Chandni Datta (nee Chanda Narain Ramrakhiani) married daughter of the deceased by way of substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Hindvasi or Hindustan" in vernacular language i.e. Sindhi. 3.

Perused the Affidavit dated 19th September 2024 annexed to Chamber Order.

It is stated in the said Affidavit that the Citation was sent for service upon Ms. Chandni Datta (nee Chanda Narain Ramrakhiani), at her address through the Bailiff of Sheriff of Bombay but the same was returned with a remark "LEFT". It is further stated that enquiries were made with relatives regarding current address of Ms. Chandni Datta, but despite efforts no further information of found. The Applicant therefore requested to serve the Citation upon Smt.

Contd.. ..2/- Tandra Bhattacharya by way of substituted service by publishing in two newspapers viz.

"Free Press Journal" in English Language and in "Hindvasi or Hindustan" in vernacular language i.e. Sindhi.

4.

Perused Para-9 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit.

5.

Heard. The Ld. Advocate for the Applicant submits that the the Citation was sent for service upon Ms. Chandni Datta (nee Chanda Narain Ramrakhiani), at her address through the Bailiff of Sheriff of Bombay but the same was returned with a remark "LEFT". It is further stated that enquiries were made with relatives regarding current address of Ms. Chandni Datta, but despite efforts no further information of found. She further submits that the whereabouts of the said Ms. Chandni Datta is not known to the Applicant. She therefore prays that the Chamber Order be allowed and publishing in two newspapers viz. "Free Press Journal" in English Language and in "Hindvasi " in vernacular language i.e. Sindhi.

6.

For the reasons stated in Affidavit dated 4th November 2024 annexed to the Chamber order and averment made in Para-9 of the Petition, the Chamber Order is granted and signed separately. The Applicant is directed to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Hindvasi " in vernacular language i.e.

Contd.. ..3/- Sindhi within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

7. Applicant to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 14 .01.2025